Forensic and Legal Psychology: Psychological Science Applied to Law

About this Book
	Cover Page
	Title Page
	Copyright Page
	Dedication
	About the Authors
	Brief Contents
	Contents
	Preface
Chapter 1 Psychology and Law: A Cautious Alliance
	A Brief History of Psychology and Law
	A Clash of Cultures
		Goals: Approximate Truth Versus Approximate Justice
		Methods: Rulings Versus Data
		Style of Inquiry: Advocacy Versus Objectivity
		The Importance of Bridging the Two Cultures
	Roles Played by Psychologists Interested in Law
		Psychologists as Advisors
		Psychologists as Evaluators
		Scientific American Spotlight 1.1: Does Tough Treatment of Troubled Teens Work? by Scott O. Lilienfeld and Hal Arkowitz
		Psychologists as Reformers
	Five Pathways for Influencing the Legal System
		Expert Testimony
		Scientific American Spotlight 1.2: Neuroscience in the Courtroom by Michael S. Gazzaniga
		Cross-Disciplinary Education
		Amicus Curiae Briefs
		Broad Dissemination of Research Findings
		Influencing Legislatures and Public Policy
	Has Psychology Influenced the Legal System?
	The Criminal Justice System: A Flow Chart
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 2 Lie Detection
	The Complexity and Pervasiveness of Deception
	Can We Tell When Others Are Lying?
	The Polygraph
		Development of the Polygraph
		Focus on Careers: Police and Forensic Psychologist Gregory DeClue PhD, ABPP (forensic)
		The Process of Polygraphing
		Research on the Polygraph
		The Polygraph as Coercion Device
		Legal Status of the Polygraph
		Hot Topic 2.1: Postconviction Polygraphing of Sex Offenders
		How Jurors Respond to Polygraph Evidence
		An Alternative Technique: The Guilty Knowledge Test
		Consider This 2.1: Lower-Tech Lie Detection: Words and Wizards
	From Physiological Arousal to Cognitive Load
	Some Emerging Technologies for Lie Detection
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 3 Interrogations and Confessions
	The Power of a Confession
	The Evolution of Interrogation Techniques
	Inside the Modern Interrogation Room
		Consider This 3.1: Core Principles of Social Influence
	The Problem of False Confessions
		The Prevalence of False Confessions
		Types of False Confessions
		Hot Topic 3.1: Ethics, the American Psychological Association, and the Use of Torture as an Interrogation Device
	Should Interrogators Be Allowed to Lie?
	From Accusatorial Interrogations to Information Gathering: HUMINT, SUE, and PEACE
	Potential Solutions to the Problem of False Confessions
		Video Recording of Interrogations
		Requiring Probable Cause for Interrogation
		Time Limits on Interrogations
		The “Appropriate Adult” Safeguard for Vulnerable Suspects
		Instructions to the Jury
		Expert Testimony
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 4 The Psychology of Forensic Identification: DNA, Fingerprints, and Other Types of Physical Trace Evidence
	Trace Evidence in Context
		Hot Topic 4.1: Modern Biometrics: Beyond Fingerprints and DNA
	When Does a Trace “Match” a Source?
	Basic Principles of Scientific Measurement: Reliability and Validity
	The Scientific Foundation of Forensic Identification
		DNA Evidence
		Consider This 4.1: Forensic Genetic Genealogy: Using Familial DNA Matches to Identify Criminal Suspects
		Fingerprint Evidence
	Techniques of Weak or Unknown Validity
		Legal Spotlight 4.1: “Changed Science” Laws
	Communicating the Similarity of a Trace and a Source
		Hot Topic 4.2: Is There Really a “CSI Effect”?
	Reducing Error and Bias
	Science as the Solution to the Problem of Identification Bias
	How Jurors Think About Trace Evidence
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 5 Criminal Profiling and Psychological Autopsies
	The Process of Profiling
	Three Famous Profiles
		Jack the Ripper
		The Olympic Bomber
		The Mad Bomber
	Characteristics of Serial Killers
		Scientific American Spotlight 5.1: What “Psychopath” Means by Scott O. Lilienfeld and Hal Arkowitz
	Research on Profiling
		Scientific American Spotlight 5.2: Implicit Racial Bias and Police Shootings by Rachel Nuwer
	Profiling Problems and Promise
		Assumptions
		Cross-Situational Consistency
		The Utility of Inferences
		Persistent Problems
	Geographic Profiling: An Alternative to Intuition
	Precise Profiles or Sloppy Stereotypes?
		Hot Topic 5.1: Racial Profiling
	Psychological Autopsies
		Legal Status of Psychological Autopsies
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 6 Eyewitness Identification and Testimony
	Eyewitness Testimony and the Legal System
		The Manson Criteria
		How the Legal System Attempts to Expose Eyewitness Error
		Legal Spotlight 6.1: Post-Manson Court Decisions on Eyewitness Identification
	The Construction, Reconstruction, and Evaluation of Eyewitness Memories
		Cross-Racial Identifications
		Stress and Weapons Focus
		Unconscious Transference
		Preexisting Expectations
		Leading or Suggestive Comments
		Witness Confidence
		When the Eyewitness Is a Child
		Hot Topic 6.1: Cameras and Computers as “Eyewitnesses”
	Using Research Findings to Improve Eyewitness Accuracy
		Consider This 6.1: Translating Science Into Practice
		1. Prelineup Interviews
		2. Evidence-Based Grounds for Putting Suspects in Lineups
		3. Double-Blind Lineups
		4. Appropriate Lineup Fillers
		5. Prelineup Instructions to Eyewitnesses
		6. Obtaining an Immediate Postlineup Confidence Statement
		7. Video Recording
		8. Avoiding Repeated Identification Procedures With the Same Witness and Suspect
		9. Avoiding the Use of Showups
		Expert Testimony
	Techniques for Refreshing the Memories of Witnesses
		Hypnosis
		The Cognitive Interview
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 7 Child Sexual Abuse: Interviewing Children and Assessing the Recovered Memories of Adults
	The Reported Memories of Young Children
		The Day Care Center Cases
		Hot Topic 7.1: The Use of Child Interviewing Props: Dolls and Diagrams
	Effective Interviewing of Children
		Hot Topic 7.2: Child Sexual Abuse Accommodation Syndrome
	Testimony by Children at Trial
	Adults’ Recovered Memories of Sexual Abuse
		Were the Memories Created or Recovered?
		Focus on Careers: Social Science Analyst, Carrie Mulford, PhD, National Institute of Justice, Office of Justice Programs, U.S. Department of Justice
		The Ingram Case
	Research on Implanting False Memories in Adults
		Scientific American Spotlight 7.1: Recovered Memories: An Interview with Elizabeth Loftus by Andrea Krauss
		Scientific American Spotlight 7.2: Traumatic Therapies Can Have Long-Lasting Effects on Mental Health by Kelly Lambert and Scott O. Lilienfeld
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 8 Competency to Stand Trial
	The Meaning of Competency to Stand Trial
		The Dusky Standard
		Functional Elements of CST
	CST Versus Competency to Plead Guilty and Competency to Waive an Attorney
	How the Criminal Justice System Deals With Incompetent Defendants
	Methods for Evaluating CST
		CST Assessment Instruments
		Malingering
	CST Evaluations and Ultimate Issue Testimony by Experts
		Legal Spotlight 8.1: Legal Issues in Competency for Execution
	Restoration of CST
		Treatment of Defendants Judged Incompetent
		Right to Refuse Treatment and CST
	Adolescents and CST
		Consider This 8.1: Juvenile Transfer to Adult Court
		Hot Topic 8.1: Juvenile Competency to Waive Miranda Rights
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 9 Plea Bargaining, Jury Selection, and Trial Procedure
	The Hidden, Consequential World of Plea Bargaining
		Plea Bargaining in Theory and Practice
		Plea Bargaining and Vulnerable Defendants
	Jury Selection
	Assembling a Jury: Pools, Venires, and Voir Dire
		From Jury Pool to Venire
		Voir Dire
		Cognizable Groups
	Using Stereotypes and Science to Select Jurors
		Legal Spotlight 9.1: Using Social Media to Select Jurors
		The Use of Trial Consultants
		Hot Topic 9.1: Jury Consulting and the Role of Money at Trial
		Focus on Careers: Trial Consultant
		Scientific Jury Selection
	Juror Characteristics and Attitudes as Predictors of Verdict
		General Personality Tendencies
		Attitudes About the Legal System
		Defendant–Juror Similarity
	Pretrial Publicity as a Source of Bias
	An Overview of Trial Procedure
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 10 The Insanity Defense
	The Trial of Andrea Yates
	The Evolution of Insanity Law
	Three Important Cases and Their Consequences
		The M’Naghten Case
		The Durham Case
		The Hinckley Case
		Hot Topic 10.1: Brain Scans as Evidence
	Common Misconceptions About the Insanity Defense
	Post-Hinckley Developments in Insanity Law
		Legal Spotlight 10.1: Is It Constitutional to Prohibit an Insanity Defense and Instead Allow a Mens Rea Defense?
		Guilty but Mentally Ill
		Mens Rea Defenses and Diminished Capacity
	How Jurors Define Insanity
	Clinical Evaluations of Insanity
	Methods for Assessing Insanity
		MSE and R-CRAS
		Malingering
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 11 Intimate Partner Violence, Battered Woman Syndrome, Rape Trauma Syndrome, and Posttraumatic Stress Disorder
	Intimate Partner Violence
	Syndromes in Court
	Battered Woman Syndrome
		The Historical Development of BWS
		Characteristics of Battered Women
		Characteristics of Batterers
		BWS and the Legal System
		The Scientific Validity of BWS
	Rape Trauma Syndrome
		The Historical Development of RTS
		Recovery From Rape and Characteristics of RTS
		RTS and the Legal System
	Posttraumatic Stress Disorder
		Scientific American Spotlight 11.1: Trapped in a Cycle of Sexual Abuse by Sushma Subramanian
		PTSD Versus BWS
		PTSD Versus RTS
		Scientific American Spotlight 11.2: How to Find Meaning in Suffering by Kasley Killam
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 12 Juries and Judges as Decision Makers
	The Process of Jury Decision Making
		Models of Decision Making
		The Impact of Evidence
	The Effects of Biasing Information
		Defendant Characteristics
		Inadmissible Evidence
		Impeachment Evidence
		Complex Evidence
	The Group Dynamics of Jury Deliberations
		Hot Topic 12.1: The Effects of Technology in and out of the Courtroom
		Diversity and Deliberation
		Strong Jurors and the Power of the Majority
		Stages in the Deliberation Process
		Other Characteristics of Deliberations
		Size of the Jury
		Decision Rules (Unanimous or Majority Rule)
	Jury Nullification
	Jury Reform
		Hot Topic 12.2: Should We Use Professional Jurors?
		Simplifying Instructions to the Jury
		Allowing Jury Discussion During Trial
	Judges Compared to Juries
		Judges as Decision Makers
		Agreement and Disagreement Between Juries and Judges
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 13 Child Custody Disputes
	Varieties of Custody Arrangements
		Consider This 13.1: Parental Alienation Syndrome and Parent Alienation
	Best Interest of the Child Standard
		The Tender Years Doctrine
		Primary Caretaker Rule
		The Uniform Marriage and Divorce Act of 1976
		Weaknesses of the BICS
		Legal Spotlight 13.1: Same-Sex Unions and Child Custody
		Approximation Rule
	Children’s Responses to Divorce
	The Psychologist’s Contribution to Custody Decisions
		The Role of the Psychological Expert
		Psychological Tests and Their Problems
		Scientific American Spotlight 13.1: What’s Wrong With This Picture? by Scott O. Lilienfeld, James M. Wood, and Howard N. Garb
		Judges’ Views of Experts
	Custody Mediation as an Alternative to Litigation
	Parent Coordination and Collaborative Divorce
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 14 Workplace Law: Harassment, Discrimination, and Fairness
	The Evolution of Sexual Discrimination Law
	Sexual Harassment: Prevalence and Perceptions
	The Legal Boundaries of Sexual Harassment
		Current Status of Harassment Law
		Sexual Harassment Lawsuits
	The Psychology of Sexual Harassment
		Some Causes
		Some Effects
		Prevention
		Scientific American Spotlight 14.1: Who Should Be a Cop? Selecting and Training Police Officers by Rachel Nuwer
	A Broader Look at Workplace Discrimination
		Scientific American Spotlight 14.2: Detecting Implicit Bias by Siri Carpenter
	Racial Discrimination in the Workplace
		The Changing Nature of Racial Prejudice
		Reducing Racial Bias
		Scientific American Spotlight 14.3: Technology, Psychology, and the Search for the Best Employees by Tomas Chamorro-Premuzic and Christopher Steinmetz
		Angelina Fellini: Entrepreneur; Artist; Beekeeper, Four years of sales experience
	The Psychology of Perceived Fairness
		Three Models for Allocating Rewards
		Research on Perceptions of Fairness
		Consider this 14.1: The Gender Gap in Salaries
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 15 Predicting Violent Behavior: The Psychology of Risk Assessment
	Sexually Violent Predators and the Law
	Consider This 15.1: Sexual Offender Community Notification and Registration Laws
	Risk Assessment and the Law
		Scientific American Spotlight 15.1: Deranged and Dangerous? by Hal Arkowitz and Scott O. Lilienfeld
		Future Dangerousness and the Death Penalty
		Civil Commitment
		Consider This 15.2: The Tarasoff and Ewing Cases
		Sexually Violent Predator Civil Commitment
	Methods and Outcomes of Risk Assessment
		Unstructured Clinical Judgment and Ways to Improve it
		Actuarial Prediction
		Hot Topic 15.1: Pretrial Detention and the Use of Risk Algorithms: Are They Biased?
		Types of Risk Factors
		Focus on Careers: Violence Risk Expert
		Structured Professional Judgment Instruments
	Jurors’ Reactions to Risk-Assessment Evidence
	Treatments to Reduce the Risk of Violence
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 16 Corrections: Sentencing, Imprisonment, and Alternatives
	Sentencing Decisions
		Consider This 16.1: Free Will and the Purpose of Prisons
		Disparities
		Guidelines
	Types of Imprisonment
		Hot Topic 16.1: Modern Solitary Confinement in Supermax Prisons
	The Goals of Imprisonment
	The Evolution of Prisons in the United States
		The 1800s
		The 1900s
		Scientific American Spotlight 16.1: Victim–Offender Mediation by Cara Tabachnick
	Prisoner Rights and the Role of the Courts
	Basic Statistics on Prisons and Prisoners
	The Distinctive Culture of Prison
		The Power of the Prison Situation
		The Harshness of Prison Life
		Focus on Careers: Correctional Psychologist
	Does Prison Work?
	Alternatives to Prison
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Chapter 17 The Death Penalty
	Capital Punishment in Context
	Supreme Court Decisions
		Hot Topic 17.1: Should We Execute the Elderly?
	Research on Capital Murder Trials
		Consider This 17.1: Victim Impact Statements and Execution Impact Statements
		Hot Topic 17.2: Ethical Issues in Competency for Execution
	Racial Disparities and the Death Penalty
	Is the Death Penalty a Deterrent to Murder?
	Errors and Mistakes in Death Penalty Cases
	In Conclusion
	Chapter Review
		Discussion and Critical Thinking Questions
		Key Terms
Glossary
References
Name Index
Subject Index
Index of Cases and Acts
Notes
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